You're getting married? You are reluctant to talk about money? Surely you can not imagine a future be divorced. However, almost one in two marriages ends in a DIVORCE1. "Brides and grooms often evade these money issues that put uncomfortable," says Nathalie Couzigou-Suhas, notary in Paris. To avoid problems in case of separation, establish a prenuptial agreement that will govern your life together and decide the fate of property. Depending on your situation, some plans are more appropriate than others.
The community property acquired after marriage
This procedure, called legal, applies automatically if you do not plan no contract mariage2. "All property acquired during the marriage, all debts fall into a common basket," says Patricia Viollaz, notary in La Roche-sur-Foron (74). In case of divorce, everything is shared equally. Only assets leased or inherited remain personal. Attention fruit donated property inherited or fall into the common basket. Xavier made the sad experience. "I would rent a property that I inherited and I put aside, he says, when I got divorced, I thought I could use the money to buy a property but I fell high when I knew I had half my ex-wife. "the statutory scheme is not a panacea. "If there is no large inheritance in anticipation, two employees may be satisfied, but if one is self-employed or a business owner, better regime of separation of property," advises Patricia Viollaz. Know that every marriage contract requires the intervention of a notary. The separation of property
In the regime of separation, each spouse retains ownership of its property, whether acquired before or after marriage or received by donation or succession3. Debts are also personal. Except in the case of those related to household maintenance and education of children. Warning: if you are surety credit, which is common in real estate, you can not avail yourself of the regime of separation of property. You will be liable for the debts of your spouse. Rigid, the regime of separation can be arranged. Some goods may, for example, be pooled to support a spouse who has little income. "We can then decide who is the owner and in what proportions," says Nathalie Couzigou-Suhas. The participation of acquisitions
"It's a mix between the legal system and the system of separation," says Nathalie Couzigou-Suhas. It is used for example when one of the spouses, often the woman waives work to raise children. With this waiver, it allows the other to enrich themselves. How does this plan? Before marriage, a property inventory of each is achieved. During the marriage, each spouse retains ownership of the property it acquires. But in case of divorce, "we take stock of the assets acquired by each and if one is more enriched, it must compensate the other," says Patricia Viollaz.
The regime of universal community
In this system, all property acquired before (even by gift or inheritance) or during the marriage become common. In case of separation, each gets half the heritage and in case of death, it all comes down to the survivor. "The scheme was recommended for couples who do not have children and do not want to pay inheritance tax. Today, with reliefs of the law Tepa, it has less interest, "says Patricia Viollaz. But it occurs in the case of couples recomposed. A handle with care, however, when there are children, they can not be disinherited. Tip: whatever the marriage contract, make sure it follows well the evolution of your relationship and change it if necessary. And
for PACS couples? You prefer pacser
4? Under these conditions you are automatically subject to the regime of separation of property. As spouses who choose this plan, each retains ownership of the goods he buys for the PACS or has received by gift or inheritance. If you do not want to be under this scheme, you can opt for the regime of ownership. In this case, all property acquired after the conclusion of the PACS, by one or other of the PACS are deemed to belong equally to both partners, even if one has helped finance more than the other.